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Hong Kong SFC increasing focus on Green Finance and ESG

At a recent luncheon with the Hong Kong Investment Funds Association, Ashley Alder, Chief Executive Officer of the Securities and Futures Commission (SFC), gave an update on the SFC’s strategy for the Hong Kong asset management industry.

Besides reflecting on where things are on the key initiatives of the SFC in recent years – namely the mutual recognition of funds arrangements, retail fund distribution, ETF connect, the newly introduced open-ended fund company structure and the ongoing review of the Code on Unit Trusts, formal references were made to green finance and investing with ESG factors.

As stated in the speech:

“Investors increasingly recognise that strong environment, social and governance (ESG) standards are a proxy for overall management quality and long-term sustainability. Companies with high ESG standards are likely [to] have less exposure to environmental accidents or regulatory breaches which could impose significant costs and harm their brand reputation or other intangible assets.”

“At the same time, many studies have now found that ESG factors actually boost risk adjusted returns, and at worst only have a neutral impact.”

“Growing interest in the area has created a situation where more investors want in, but there is a lack of truly sustainable investment opportunities.”

In this context, it is noteworthy from the speech that the following are key areas the SFC is looking at:

  • Potentially mandating environmental disclosures by listed companies, following the footsteps of Mainland China where such requirements are expected to be introduced in 2020; this is aimed to enhance quality and comparability of ESG data from companies for investment decisions by asset managers;
  • Examining asset manager’s integration of ESG factors into the investment processes, and disclosure of the methodology to investors;
  • Developing consistent disclosures and labelling guidelines for green investment products.

Read the full speech here:

https://www.sfc.hk/web/EN/files/ER/PDF/Speeches/Ashley_20180919.pdf

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For a deeper perspective on Vivien Teu’s journey and earlier contributions, visit the archived website of Vivien Teu & Co LLP at archive.vteu.co. The archive captures the firm’s foundations in corporate and commercial law, with a strong focus on asset management, funds, and financial services in Hong Kong and Greater China. Today, Vivien Teu Law Practice leads with impact focus, with its emphasis and dedication on sustainable finance, ESG integration, impact investing, social finance and philanthropy, reflecting a continued commitment to aligning law and purpose.

Vivien Teu is Founder & Principal of Vivien Teu Law Practice / VTLP Impact.  With more than 25 years in-depth experiences in capital markets, financial institutions and asset management industry, financial services, financial and securities regulatory matters, funds formation, investment and finance transactions, Vivien is market leading in her focus on ESG legal and regulatory issues, increasingly integrated into her advisory and transactional practice. She has been active in impact ecosystem building, contributing to standard setting and industry engagements on sustainability, ESG and impact issues and sustainable finance, specifically in the investment and capital markets, holistically covering regulatory, legal and policy perspectives, and advises across the spectrum of capital, ESG issues and asset classes, public and private markets, for-profit, non-profit organisations or hybrid structures, and range of fund structures and financing instruments.

Prior to establishing Vivien Teu Law Practice / VTLP Impact, Vivien has solid industry experience from strategic roles throughout her career, including senior in-house legal experience with global asset management firm, Invesco, and practised with leading international funds and regulatory practice including magic circle law firm Clifford Chance, and most recently with global law firm Dentons, where Vivien assumed key roles as sustainable finance lead on the Global ESG Steering Committee, Global Funds Leaders Group and Global Financial Institutions Practice Group, driving impact focus within mainstream finance and capital markets.  Vivien’s leadership in sustainable finance, global funds and industry engagement is matched with her commitment to community and ecosystem building. 

With the vision of the role of law in purposeful partnerships and projects, to align capital with sustainability and increasing focus on measurable positive environmental and social outcomes, Vivien’s experiences include advising asset owners, asset managers and also charitable foundations in establishing purpose-led initiatives, related stewardship and governance considerations and structure design, B Lab’s legal requirements and certification standards for B Corps, green and sustainable finance frameworks and instruments, legal issues of carbon markets and climate transition, climate mitigation and adaptation strategies and funds, nature-based solutions and finance, impact term-sheets and other innovative finance instruments for impact, advocacy efforts as well as engaging in market proposals for policy, legal and regulatory levers for advancing sustainability and impact.   

 

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